I gave away some assets, when can I file Ch 7?
Date: Thu, 05/14/2009 - 19:25
Submitted by onebigasstruck2
on
Thu, 05/14/2009 - 19:25
Total Replies: 10
In other words, how long until they won't look for stuff I gave away?
State of Florida.
It is going to depend on the value of the assets. The trustee c
It is going to depend on the value of the assets. The trustee can look back for about two years. I would get the advice of an attorney. I have hired one, and it will take at least two years to pay his fee and the filing fees, but at least that will keep the collectors at bay.
I am also in Florida, and even if they do decide to sue before the bk filing, I have a Head of Household exemption to wage garnishments until I am able to file. Florida is a very friendly state for people in this position.
Why do you say it will take at least two years to pay the attorn
Why do you say it will take at least two years to pay the attorneys fee?
And what do you mean Florida is a friendly state? The exemptions are some of the lowest I've seen.
Like personal property: anything over $1000, vehicle: anything over $1000
Maybe you should also look at the wildcard. I do not own any pr
Maybe you should also look at the wildcard. I do not own any property, so we get like an extra $4000 each for assets. And I am making payments to my attorney for his fee and the filing costs. I gave the collectors his name and phone number, so they are no longer allowed to call me. And because I am head of household, I am exempt from wage garnishment up to $500, and then they can only garnish with my written consent.
I ended up not giving away two vehicles. I legally sold one and
I ended up not giving away two vehicles. I legally sold one and have every document to prove it.
But I did put one in my fathers name and signed the title as gift. I'm assuming thats bad because I read a lot about this (after I did it) and it seems I could not have even sold it to a relative. Thats one obvious thing keeping me from thinking I can file.
I am going to contact an attorney anyway and basically find out when I can file.
I'm not head of household, and I'm single.
Still wondering why you're making payments, did it cost that much? What like over $3000? $5000?
I just walked into a lawyers office one day and he asked me a bunch of questions. My next visit was to start the process. He was going to charge under $2500.
I wasn't 100% honest about one thing, my car. I called back and he said I'd lose it if I filed. As much as I did not want to I sold it. Then I gave the other one away.
So basically I have to see an attorney possibly just to find out how long I have to wait or what else I can do to get around this.
For whatever it's worth I did buy the car cheap and fixed it up. Still the book value is $6000 to $7000.
My lawyer is about $1600 for everything, fee, filing, and credit
My lawyer is about $1600 for everything, fee, filing, and credit counseling. With the economy as it is right now, I don't have that much cash available, so I paid a small retainer, and he is letting me make payments until all of the fees are paid. I am still being represented by him until I am able to file. I have been told by others that a lot of creditors are less likely to put the resources into suing if they know you have a bk attorney. I guess they know that there is a good chance that it will be wasted unless they can prove fraud on your debt. I don't know all the details about this. I'll let the lawyer worry about that.
As far as the exemptions go, I know several people who have filed chapter 7 who were able to keep all of their possessions. I was advised that the value is at "yard sale prices". I will go into they more in detail with the attorney when I am getting ready to file. The only exceptions were secured loans, such as a car. I already turned my car back into the finance company and bought a cheap used car to tide me over. Don't know what the value is, but at least I'm not paying $500 a month anymore.
I don't believe that I forgot to log in yet again. Maybe some d
I don't believe that I forgot to log in yet again. Maybe some day I will get this right.
Thanks for sharing. The problem I have online is the fact th
Thanks for sharing.
The problem I have online is the fact that anything to do with a vehicle and bankruptcy, every single example I've read is for a vehicle thats being financed.
It seems my case would be easy. I have good reason for not having an income, my total debt is approx $46,000.
Right now I don't have any other items of value.
I just need to find out about the car I gifted to my father, and I now have cash from selling the other car.